Mersina Kikinis
Mersina is a Partner in our Sydney Insurance group with extensive experience in industrial common law and workers compensation.
With more than 20 years’ experience representing clients in the insurance industry, Mersina’s professional credentials have been recognised in the Doyle’s Guide as a “Recommended Workers Compensation (Defendant Lawyer)” from 2015 to 2019 inclusive.
She has acted for government agencies in the defence of dust diseases claims, for a large CTP insurer in motor accident claims and is experienced also in the defence of common law claims in the ACT.
Mersina has a specialised interest in the defence of statutory and work injury damages claims in NSW having advised on numerous large and complex cases. Her clients have been varied over the years and include a wide range of companies, self-insureds and government agencies. More recently her focus has been on clients in the retail sector such as Coles, Wesfarmers and Bing Lee and in the manufacturing sector, such as Snack Brands and Legrand.
She is highly experienced in claims management both for non-litigated and litigated claims. She advises her clients on compliance with legislative obligations and the implementation of practical strategies in the claims management process. Mersina’s strength is in gaining a clear understanding of her client’s business and its objectives, resulting in the early identification of key issues and strategic case preparation, placing her clients in the best possible position both at the negotiation table and the defence of their claims.
Experience
Mersina’s experience includes:
- Legal service provider to the nominal workers insurer and its agents, self-insurers and employers;
- Attending claims reviews with self-insured employers to formulate and implement strategies to proactively manage claims and to facilitate and guide a proactive approach to claims management;
- Successful defence of a claim for work injury damages against a leading retailer relating to allegation of psychological injury following sexual assault by a security guard contracted to provide security services to the employer. Extensive forensic investigation cast considerable doubt on the plaintiff’s alleged incapacity for work and verdicts were entered in the employer’s favour against both the plaintiff and the cross defendant on the basis that the assault was not reasonably foreseeable;
- Verdict for the defendant in a claim involving dual insurance and the application of the Workers Compensation Act 1987, Motor Accidents Compensation Act 1999 and the Employees Liability Act 1991; and
- Advising and providing independent legal advice on the merit of decisions made on claims relating to the acceptance/denial of liability.